Judgment dated 06-06-2016

            This is a complaint made by one Shri Bidyut Kumar Chatterjee constituted attorney of  Subarna Chatterjee wife of Bidyut Kumar Chatterjee against the Post Master Parnasree Pally Post Office, P.S. Parnasree praying for a direction upon the OP to pay the entire amount along with compensation, interest and litigation cost.

            Facts in brief are that Shibani Chatterjee is a MIS Account holder bearing no.75925 and wife of petitioner is the legal nominee of the instant MIS. Said Shibani Chatterjee died on 9.1.2015 and petitioner claimed the amount of that account from the OP. After maintaining all formalities petitioner received a sanction order from the OP on 3.2.2016 on the basis of that sanction order the petitioner went to collect the money but OP denies to pay the amount. Petitioner did not get the amount .OP did not write clearly amount of interest in the sanctioned order. Petitioner is a consumer and so he filed this complaint on behalf of his wife.

            On the basis of the above facts complaint was admitted and notices were issued to OP but OP did not appear and so the complaint was heard ex-parte.

Decisions with reasons

            Complainant filed affidavit-in-chief. Complainant has also filed Xerox copy of the sanctioned order made in favour of Subarna Chatterjee from where it appears that Sub Post Master passed an order to produce Voter Card, Pan Card and sanctioned memo at the time of payment. It is also mentioned that this sanction was issued in the name of Subarna Chatterjee as the nominee for the account of Shibani Chatterjee  who died on 9.1.2015.SS

            On perusal of the affidavit-in-chief it appears that when petitioner visited the OP gave him a cheque of Rs.27,366/-. Further petitioner has claimed compensation of Rs.50,000/-

            There is no ground for claiming compensation of Rs.50,000/- . It is because when the petitioner has already received a cheque of Rs.27,366/- , there does not appear that post office was deficient in service. It also appears that the cheque was handed over on 19.03.2016 and the case has been filed on 25.02.2016. Whatever may be the time of the payment of the amount OP paid the amount to Subarna Chatterjee as per sanction order dated 03.02.2016 i.e. after a lapse of about 1 month. As such we do not find any ground to allow either compensation or litigation cost.

              Hence,

O R D E R E D

            CC/93/2016 and the same is dismissed ex-parte.